📚 California Community College Residency Dashboard

Interactive guide to understanding residency requirements for tuition purposes

🏠
Basic Definitions
Resident
Nonresident

California Resident:A student who has been physically present in California for more than one year immediately preceding the residence determination date AND has demonstrated intent to make California a permanent home. Both physical presence and intent must exist together (union of act and intent). For noncitizen students, additional immigration status requirements may apply.

Nonresident: A student who does not have residence in California for more than one year immediately preceding the residence determination date.

📍
Physical Presence Requirements
  • Must be physically present in California for one year prior to residence determination date
  • Temporary absences for business, education, or pleasure don't break residency if intent to return exists
  • Physical presence solely for educational purposes does NOT establish residence
  • Must combine physical presence with intent to make California home
📋
Evidence of Intent
Supporting Evidence
Contrary Evidence
  • California voter registration
  • California driver's license or ID
  • California income tax filing as resident
  • California vehicle registration
  • California bank accounts
  • Professional licensing in California
  • Remaining in California during academic breaks
  • Maintaining voter registration in another state
  • Filing taxes as resident of another state
  • Attending out-of-state institution as resident
  • Not fulfilling California tax obligations
💰
Financial Independence

Requirements for Financial Independence:

  • Not claimed as tax dependent by parents for current + 3 prior calendar years
  • Receives $750 or less per year from parents for current + 3 prior years
  • Lives 6 weeks or less per year in parent's home for current + 3 prior years
  • Must provide documentation (tax returns, W-2s, rental contracts, etc.)
🌍
Noncitizen Students
Eligible Visas
Ineligible Visas
DACA
Legal Permanent Residents
Asylum Applicants
DACA Recipients
H-1B, H-1C, H-4 (limited)
L-1A, L-1B, L-2
E-1, E-2, E-3
T-1 to T-6 (trafficking victims)
U-1 to U-5 (crime victims)
B-1, B-2 (visitor)
F-1, F-2, F-3 (student)
J-1, J-2 (exchange visitor)
M-1, M-2, M-3 (vocational student)
H-2A, H-2B, H-3
Undocumented/Out-of-Status

DACA Recipients:

  • Can establish California residency if they meet physical presence and intent requirements
  • Must have valid DACA approval (I-821 form)
  • One-year waiting period starts from DACA application date
  • Still eligible for AB 540 exemption while establishing residency
🎖️
Military Provisions
Active Military
Dependents
Veterans

Active military stationed in California:

  • Automatic resident classification while stationed in CA
  • Retain classification if transferred out while enrolled
  • Applies to all military branches including Space Force

Military dependents:

  • Spouse and children of active military in CA get resident classification
  • No time limit on resident classification
  • Retain classification if military member transfers

Veterans:

  • Discharged members: 1-year exemption if stationed in CA for 1+ years
  • VACA Act: Qualifying veterans get in-state tuition rates
  • Must file affidavit of intent to establish CA residency
🎓
AB 540 Exemption

AB 540 Requirements (all must be met):

  • Attendance: 3+ years at CA high schools, adult schools, or community colleges
  • Completion: Graduate from CA high school, earn associate degree, or meet UC/CSU transfer requirements
  • Registration: Currently enrolled at accredited CA institution
  • Affidavit: Students without lawful status must file affidavit to legalize status when eligible

Note: Nonimmigrant visa holders (except T and U visas) are NOT eligible for AB 540.

🆓
Other Tuition Exemptions
Refugee/SIV
Special Part-Time
Other

Refugee/SIV Exemption:

  • 1-year exemption if settled in CA upon US entry
  • Applies to refugees, SIV holders, T and U visa holders
  • Includes Afghan and Ukrainian humanitarian parolees

Special Part-Time Students:

  • Mandatory exemption for qualifying K-12 dual enrollment students
  • Up to 11 units (non-CCAP) or 15 units (CCAP)
  • Excludes nonimmigrant visa holders
  • Noncredit courses (mandatory exemption)
  • Apprenticeship programs
  • 9/11 victim dependents
  • COVID-19 first responder survivors
  • Districts may exempt students taking ≤6 units
⚖️
Special Situations
Minors
Automatic Resident
  • General rule: Minor's residence follows parent's residence
  • Exception: Self-supporting minors can establish own residence
  • Exception: Two-year care and control by CA resident
  • US-born children: Can establish residence even if parents cannot
  • Self-supporting students (Ed Code 68071)
  • Adult dependent child of CA resident (Ed Code 68076)
  • Students under 2-year care of CA resident (Ed Code 68073)
  • Bureau of Indian Affairs school graduates
  • Public school employees
  • Team USA athletes training in CA

🎭 Real-World Scenarios

Maria's DACA Case
Military Family
International Student
AB 540 Question

📋 Scenario: Maria's DACA Application

Background: Maria has DACA status, has lived in California for 2 years, works full-time, has a California driver's license, and files California taxes as a resident.

Question: Can Maria be classified as a California resident for tuition purposes?

🔍 Analysis Steps:

  1. Immigration Status: ✅ DACA recipients CAN establish residency
  2. Physical Presence: ✅ 2 years exceeds the 1-year requirement
  3. Intent Evidence: ✅ CA license, tax filing, employment show intent
  4. Waiting Period: ✅ Started when DACA was approved
✅ Result: YES, Maria can be classified as a California resident if she has met all requirements for at least one year since her DACA approval.

🎖️ Scenario: Military Family Transfer

Background: Sergeant Johnson is stationed at Camp Pendleton. His daughter Sarah starts at a California community college. Six months later, he's transferred to Texas but Sarah wants to continue her education in California.

Question: Does Sarah lose her resident classification?

🔍 Analysis Steps:

  1. Initial Status: ✅ Military dependent gets automatic resident classification
  2. Transfer Impact: ✅ Law protects continuous enrollment
  3. Key Requirement: ✅ Must remain "continuously enrolled"
✅ Result: NO, Sarah keeps resident classification as long as she remains continuously enrolled, even though her father transferred out of state.

🌍 Scenario: F-1 Student Transition

Background: Ahmed came to California on an F-1 visa, has been here for 3 years, just got married to a U.S. citizen, and filed for adjustment of status (I-485). He has a California license and bank account.

Question: Can Ahmed establish California residency now?

🔍 Analysis Steps:

  1. Previous Status: ❌ F-1 visa PRECLUDES establishing residency
  2. Change of Status: ✅ I-485 application allows residency establishment
  3. Physical Presence: ⚠️ Time on F-1 doesn't count toward residency
  4. New Timeline: ⏰ 1-year clock starts from I-485 filing date
⏱️ Result: NOT YET. Ahmed must wait one full year from his I-485 filing date, but his intent evidence (license, bank account) will support his case.

🎓 Scenario: AB 540 Eligibility

Background: Luis graduated from a California high school after attending for 4 years, is undocumented, and wants to enroll in community college.

Question: Is Luis eligible for AB 540 nonresident tuition exemption?

🔍 AB 540 Checklist:

  1. Attendance: ✅ 4 years in CA high school (exceeds 3-year requirement)
  2. Completion: ✅ Graduated from CA high school
  3. Registration: ✅ Enrolling at accredited CA community college
  4. Affidavit: ❓ Must file stating intent to legalize status when eligible
✅ Result: YES, Luis is eligible for AB 540 if he files the required affidavit about legalizing his immigration status when possible.

📝 Comprehensive Knowledge Test

Basic Concepts
Immigration Status
Exemptions
Advanced Cases

1. What is the minimum physical presence requirement for California residency?

  • 6 months
  • One year (366 days)
  • 18 months
  • Two years

2. Physical presence for educational purposes alone:

  • Does NOT establish residency regardless of time
  • Establishes residency after one year
  • Establishes residency after two years
  • Depends on the student's age

3. What is required for establishing California residence?

  • Physical presence only
  • Intent to remain only
  • Union of act (presence) and intent
  • California employment only

4. Which visa holders are generally INELIGIBLE to establish California residency?

  • F-1 student visa holders
  • H-1B visa holders
  • DACA recipients
  • Asylum applicants

5. Can DACA recipients establish California residency?

  • Yes, if they meet physical presence and intent requirements
  • No, DACA doesn't allow domicile establishment
  • Only after becoming permanent residents
  • Only if they were minors when they arrived

6. An unmarried minor noncitizen on a visa that precludes residency:

  • Can derive residence from California resident parents
  • Cannot be California residents due to federal law
  • Must wait until age 18 to apply for residency
  • Can establish residency after one year

7. What is the maximum annual financial support from parents to be considered financially independent?

  • $500
  • $750
  • $1,000
  • $1,500

8. AB 540 requires students to have attended California schools for:

  • 2 years
  • 3 years or more
  • 4 years
  • All of high school

9. Special part-time student nonresident tuition exemption is:

  • Optional for districts
  • Mandatory for qualifying students
  • Only for noncredit courses
  • Only for CCAP programs

10. A military dependent loses resident classification if:

  • The military parent is transferred out of state
  • The military parent retires
  • They are not continuously enrolled
  • They turn 19 years old

11. Financial independence must be demonstrated for how many years?

  • Current year only
  • Current + 1 prior year
  • Current + 2 prior years
  • Current + 3 prior years

12. When can a noncitizen start counting time toward residency?

  • From their first day in California
  • From when they demonstrate intent
  • From when they take steps to obtain eligible immigration status
  • From when they turn 18

📖 Comprehensive Glossary

AB 540

Assembly Bill 540 - California law that exempts certain nonresident students from paying nonresident tuition if they meet specific attendance and completion requirements, regardless of immigration status.

DACA

Deferred Action for Childhood Arrivals - Federal program that provides temporary relief from deportation and work authorization for eligible individuals who arrived in the US as children.

Domicile

A person's legal residence - the place where they intend to remain permanently and to which they intend to return when absent. Required for establishing California residency.

Financial Independence

Status achieved when a student: (1) is not claimed as a tax dependent, (2) receives ≤$750/year from parents, and (3) lives ≤6 weeks/year in parents' home - for current plus 3 prior years.

Intent

The mental determination to make California one's permanent home, demonstrated through objective actions like voter registration, tax filing, obtaining CA driver's license, etc.

Nonimmigrant

Foreign nationals admitted to the US temporarily for specific purposes (tourism, work, study). Most nonimmigrant visas preclude establishing US domicile.

Physical Presence

Actually being located within California borders for the required 366 days. Temporary absences for business, education, or pleasure don't break continuity if intent to return exists.

Residence Determination Date

The day immediately before instruction begins for each term. This is the cutoff date for measuring the one-year physical presence requirement.

SIV (Special Immigrant Visa)

Visas for Iraqi and Afghan nationals (and families) who worked with the US government or military. SIV holders may get immediate nonresident tuition exemption.

Union of Act and Intent

The fundamental requirement for establishing residency: must have both physical presence in California AND intent to make it one's permanent home.

Undocumented Noncitizen

Person who entered the US illegally or overstayed a valid visa. Generally cannot establish domicile until they take steps to obtain legal status.

VACA Act

Veterans Access, Choice, and Accountability Act - Federal law requiring public institutions to charge qualifying veterans in-state tuition rates or lose VA education benefits approval.

Waiting Period

The one-year duration requirement that begins only when a person is both physically present in California AND has manifested intent to establish residence.

Out-of-Status

Visa holders who violate their visa conditions (overstaying, engaging in unauthorized activities, etc.). Different from undocumented - they had legal entry but violated terms.

CCAP

College and Career Access Pathways - Dual enrollment partnerships between community colleges and K-12 districts allowing high school students to take college courses.